Judgment No. 121
Decision
1. The Organization shall pay complainant the sum of 6,000 United States dollars.
2. The other submissions in the complaint are dismissed.
3. Mr. Agarwala is awarded costs in the amount of one thousand United States dollars.
Preamble F
Extract:
"The Tribunal having ordered the hearing of several witnesses at complainant's duty station, their evidence was taken under oath through the good office of the Swiss embassy in [the country concerned]. The Tribunal also arranged to obtain written testimony from several other witnesses."
Keywords
oath; testimony; oral proceedings
Considerations
Extract:
"The organization has [...] committed a breach of contract by suspending the complainant otherwise than in accordance with the Staff Regulations. Since his emoluments have been fully paid, he has suffered no material damage, but he has suffered moral damage. He is entitled to compensation for the distress caused by the abrupt way in which he was treated, tantamount in its form to summary dismissal, and for the injury done to his reputation and to his prospects of obtaining other employment."
Keywords
injury; moral injury; professional injury; respect for dignity; staff regulations and rules; breach; provision; summary dismissal; suspension; flaw
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords
work appraisal; contract; fixed-term; non-renewal of contract; conduct; judicial review; discretion
Considerations
Extract:
"The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."
Keywords
evidence; lack of evidence; good faith; contract; extension of contract; fixed-term; offer; promise; non-renewal of contract
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